Service Charter for Victims of Crime - National Prosecuting Authority

SERVICE CHARTER
FOR VICTIMS OF CRIME IN SOUTH AFRICA
THE CONSOLIDATION OF THE
PRESENT LEGAL FRAMEWORK
RELATING TO THE RIGHTS OF
AND SERVICES PROVIDED
TO VICTIMS OF CRIME

TABLE OF CONTENTS
FOREWORD BY THE MINISTER p. 1
PREAMBLE
• Affirming p. 2
• Believing p. 2
• Recognising p. 2
• Noting p. 2
• Hereby adopt this Victims’ Charter p. 2
YOUR RIGHTS AS A VICTIM OF CRIME
1. The right to be treated with fairness and with respect for your dignity and privacy p. 2
2. The right to offer information p. 2
3. The right to receive information p. 3
4. The right to protection p. 3
5. The right to assistance p. 3
6. The right to compensation p. 3
7. The right to restitution p. 4
COMPLAINTS p. 4
MORE INFORMATION p. 5
ACKNOWLEDGEMENTS p. 5

FOREWORD
TABLE OF CONTENTS
FOREWORD BY THE MINISTER FOR JUSTICE AND
CONSTITUTIONAL DEVELOPMENT
The Service Charter for Victims of Crime in South Africa (the “Victims’
Charter”) is an important instrument for promoting justice for all. The
Victims’ Charter is compliant with the spirit of the South African Constitution,
1996, Act 108 of 1996, and the United Nations Declaration
of Basic Principles of Justice for Victims of Crime and Abuse of Power,
1985 (GA/RES/40/34).
Since 1994, and in keeping with the cultivation of a human rights
culture, the focus has gradually shifted from an adversarial and retributive
criminal justice system to that of Restorative Justice. Central to
the concept of Restorative Justice is the recognition of crime as more
than an offence against the state, but also as an injury or wrong
done to another person. This is in line with the National Crime Prevention
Strategy’s victim-centred vision for the criminal justice system.
The ultimate goal is victim empowerment through meeting victims’
needs, be they material or emotional.
The Victims’ Charter and the attached minimum standards document
are important instruments elaborating and consolidating rights and
obligations relating to services applicable to victims and survivors of
crime in South Africa. The Victims’ Charter is consonant with the
provisions of section 234 of the Constitution.
I am confident that with the commitment and dedication of all roleplayers
in the criminal justice process, this Victims’ Charter will assist in
the implementation of the applicable laws in such a way that it serves
its purpose - making justice a reality for all!
Mrs BS Mabandla, MP
Minister for Justice and Constitutional
Development
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YOUR RIGHTS AS A VICTIM OF CRIME
PREAMBLE
The Government of South Africa generally and agencies involved in
the criminal justice system specifically:
Affirming
Government’s commitment to implement measures aimed at continuous
reform of the criminal justice system to protect and promote
the rights of victims in compliance with international obligations
under international human rights instruments, such as the UN Declaration
of Basic Principles of Justice for Victims of Crime and Abuse
of Power (1985) and the Prevention and Eradication of Violence
Against Women and Children Addendum to the 1997 SADC Declaration
on Gender and Development;
Believing
That it is part of the responsibility of the state to promote the equal
enjoyment of all the rights and freedoms that are guaranteed in the
Constitution by all and that an equitable criminal justice system can
only be achieved if the rights of both victims and accused persons
are recognised, protected and balanced;
YOUR RIGHTS AS A VICTIM OF CRIME
If you have been a victim of crime the following rights, as contained
in the Constitution and relevant legislation, will be upheld in your
contact with the criminal justice system:
1. The right to be treated with fairness and with respect
for dignity and privacy:
• You have the right to be attended to promptly and courteously,
treated with respect for your dignity and privacy
by all members of any department, institution, agency or
organisation dealing with or providing a service to you
(hereafter referred to as a service provider).
• The police, during the investigations; the prosecutors and
court officials during preparation for and during the trial
proceedings; as well as all other service providers, will
take measures to minimise any inconvenience to you by,
among others, conducting interviews with you in your
language of choice and in private, if necessary.
• These measures will prevent you from being subjected to
secondary victimisation.
Recognising
The serious impact of crime on victims, and its potential for undermining
a victim’s human rights;
Noting
The significant progress made since the onset of democracy, with
regard to transforming the criminal justice system to ensure access
to justice and responsiveness of processes to all, regardless of race,
gender, culture and class. That various measures have been implemented
as part of the transformation of the justice system, with a
view to ensuring the centrality of victims, balancing their rights with
those of accused persons and minimising secondary victimisation in
the various stages of the criminal justice process;
Hereby adopt this Victims’ Charter
To provide for the consolidation of the present legal framework in
South Africa relating to the rights of and services provided to victims
of crime and to:
• eliminate secondary victimisation in the criminal justice process;
• ensure that victims remain central to the criminal justice process;
• clarify the service standards that can be expected by and are to
be accorded to victims whenever they come into contact with
the criminal justice system; and
• make provision for victims’ recourse when standards are not
met.
2. The right to offer information:
• You have the right to offer information during the criminal
investigation and trial.
• The police, prosecutor and correctional services official
will take measures to ensure that any contribution that
you wish to make to the investigation, prosecution and
parole hearing is heard and considered when deciding
on whether to proceed with the investigation, or in the
course of the prosecution or Parole Board hearing.
• This right means that you can participate (if necessary
and where possible) in criminal justice proceedings, by
attending the bail hearing, the trial, sentencing proceedings
and/or Parole Board hearing.
• It means that you will have the opportunity to make a
further statement to the police if you realise that your first
statement is incomplete; you may also, where appropriate,
make a statement to the court or give evidence during
the sentencing proceedings to bring the impact of
the crime to the court’s attention.
• Furthermore, you may make a written application to
the Chairperson of the Parole Board to attend the parole
hearing and submit a written input.
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3. The right to receive information:
• You have the right to be informed of your rights and of
how to exercise them.
• You can, as part of this right, ask for explanations in your
own language of anything you do not understand.
• You have the right to receive information and to be informed
of all relevant services available to you by service
providers.
• You will be informed of your role in the case and of the
approximate duration of the case. You can request information
regarding court dates, witness fees and the witness
protection programme.
• You can request to be informed of the status of the case,
whether or not the offender has been arrested, charged,
granted bail, indicted, convicted, or sentenced.
• You may request reasons for a decision that has been
taken in your case on whether to prosecute or not.
• You are entitled to receive documents that the law entitles
you to have access to.
• You can request to receive notification of proceedings
which you may attend.
• You can request the prosecutor to notify your employer
of any proceedings which necessitate your absence from
work.
• This right includes that in certain circumstances the court
may prohibit the publication of any information (including
your identity), or it may order that the trial be held
behind closed doors (in camera).
• You can request Correctional Services to inform you if the
offender has escaped or has been transferred.
5. The right to assistance:
• You have the right to request assistance and, where relevant,
have access to available social, health and counselling
services, as well as legal assistance which is responsive
to your needs.
• The police will assist you by explaining police procedures,
informing you of your rights and making the appropriate
referral to other relevant service providers.
• The office manager or head of office at the court will
provide for the services of an interpreter.
• The prosecutor will ensure that special measures are
employed in relation to sexual offences, domestic violence
and child support or maintenance matters and
that, where available, such cases are heard in specialised
courts.
• If you have special needs, all service providers will, within
the scope of their functions, take all reasonable steps to
accommodate you and ensure that you are treated in a
sensitive manner.
4. The right to protection:
• You have the right to be free from intimidation, harassment,
fear, tampering, bribery, corruption and abuse. If
you are a witness, you must report any such threats to
the police or senior state prosecutor.
• The police will, if you comply with certain requirements,
apply for you to be placed in a witness protection programme.
• If such an application is successful, you will be placed
in a witness protection programme where you will be
protected, as far as possible, from all forms of undue influence,
harassment or intimidation.
• This will ensure your safety as a witness and the availability
of your testimony, and prevent you from withdrawing
from giving evidence as a result of undue influence.
6. The right to compensation:
• You have the right to compensation for loss of or damage
to property suffered as a result of a crime being committed
against you.
• You can request to be present at court on the date of
sentencing of the accused and request the prosecutor to
apply to court for a compensation order in terms of section
297 and 300 of the Criminal Procedure Act, Act 51
of 1977.
• “Compensation” refers to an amount of money that a
criminal court awards the victim who has suffered loss
or damage to property, including money, as a result of a
criminal act or omission by the person convicted of committing
the crime.
• The prosecutor will inform you if a compensation order
has been granted, explain its contents and how to enforce
it. You can institute a civil action against the accused
where the criminal court did not grant a compensation
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YOUR RIGHTS AS A VICTIM OF CRIME
order. This will usually happen where the damages are
not easily quantifiable in financial terms, for example, in
the case of psychological damages or pain and suffering.
• The clerk of the court will assist you with the enforcement
of a compensation order granted by the court.
7. The right to restitution:
• “Restitution” refers to cases where the court, after conviction,
orders the accused to give back to you the property
or goods that have been taken from you unlawfully,
or to repair the property or goods that have been unlawfully
damaged, in order to restore the position you
were in prior to the commission of the offence.
• The prosecutor will inform you what restitution involves
and the clerk of the court will assist you in enforcing this
right.
• You have the right to restitution in cases where you have
been unlawfully dispossessed of goods or property, or
where your goods or property have been damaged unlawfully.
COMPLAINTS
Keeping in mind that you have the right to complain, you can contact
the particular government department or service provider if you
have any complaints with regard to the service you are receiving, or
if your rights are not being observed. If you are not satisfied with
the way in which your complaint is handled, you can also contact
organisations such as:
a. The Office of the Public Protector
b. The South African Human Rights Commission
c. The Commission on Gender Equality
d. The Independent Complaints Directorate
e. Metropolitan Police Offices
f. The Health Professions Council of South Africa
g. A lawyer of your own choice and at your own expense
The role-players in the criminal justice system will ensure that copies
of the Victims’ Charter are available at the following offices:
• Courts
• Offices of the Department of Correctional Services
• Offices of Directors of Public Prosecutions
• Prisons
• Police Stations and Investigation Units
• Offices of Social Services or agencies
• Offices of the Metropolitan Police Service
• Public Health Facilities
For more detailed information relating to any aspect of the
Victims’ Charter, please refer to the Minimum Standards on
Services for Victims of Crime. This document is available at
the offices of role-playing government departments.
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MORE INFORMATION
If you require more information on any issue contained in this
document, you can contact the Department of Justice and
Constitutional Development’s Gender Directorate at the following
numbers:
Tel: (012) 315 1670
Fax: (012) 315 1960
Email: VictimCharter@justice.gov.za
Toll-free number: 0800 011 022
ACKNOWLEDGEMENTS
The Service Charter for Victims of Crime in South Africa was
developed by the Gender Directorate in the Department of
Justice and Constitutional Development, in co-operation with
the Departments of Social Development, Correctional Services,
Education, and Health, as well as with the National Prosecuting
Authority, the South African Police Service, the South African
Law Reform Commission, the South African Human Rights
Commission, the Office of the Public Protector, the Independent
Complaints Directorate, members of the Magistrates and
Judicial Service Commissions and members of Tshwane Metro
Police.
The Department of Justice and Constitutional Development
deeply appreciates the contributions also made by the various
non-governmental organisations and academic institutions to
the development of the Victims’ Charter.
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DEPARTMENT OF JUSTICE AND
CONSTITUTIONAL DEVELOPMENT
Private Bag X81
Pretoria, 0001
329 Pretorius Street, Momentum Building
Pretoria, 0002